What Is Charged for Killing an Unborn Baby
State Laws on Fetal Homicide and Penalization-enhancement for Crimes Against Meaning Women
The debate over fetal rights is not new to the legislative loonshit. Every session, pro-life and pro-choice advocates garner support for policies around this issue. The debate apropos "fetal homicide" hinges on the issue of fetuses killed by fierce acts against significant women. Pro-life advocates typically support legislation that defines the fetus as a person under fetal homicide laws, or otherwise confers rights or protections upon the fetus or unborn child. Common references to such laws include the Fetal Protection Deed, the Preborn Victims of Violence Human activity and the Unborn Victim of Violence Act. Those supporting these laws say that both the lives of the significant adult female and the fetus should exist explicitly protected. They assert that fetal homicide laws justly criminalize these cases and address both unborn children and their mothers.
Pro-choice advocates typically focus on the harm done to a pregnant woman and the subsequent loss of her pregnancy, simply not on the rights of the fetus. They tend to support policies that do not confer rights or personhood status upon a fetus. Such advocates focus on enhancing penalties for an assault on a pregnant woman and recognizing her as the victim. For the purposes of this webpage, NCSL describes these types of legislation as "penalty-enhancement for crimes confronting meaning women." These are described and listed towards the bottom of this webpage.This webpage is intended to include a range of legislation on this issue and is not intended to serve as a source for legal definitions.
State Fetal Homicide Laws
Currently, at least38 states have fetal homicide laws: Alabama, Alaska, Arizona, Arkansas, California, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, N Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Isle, South Carolina, S Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wisconsin. At least29 states have fetal homicide laws that employ to the primeval stages of pregnancy ("whatever land of gestation/development," "conception," "fertilization" or "post-fertilization"); these are indicated below with an asterisk (*).
The box allows you to bear a total text search or use the dropdown card option to select a state.
| State | Summary of Statutes and Case Laws |
|---|---|
| Alabama* | Ala. Code § 13A-6-1 (2006) defines "person," for the purpose of criminal homicide or assaults, to include an unborn child in utero at whatsoever phase of development, regardless of viability and specifies that nothing in the act shall make information technology a law-breaking to perform or obtain an abortion that is otherwise legal. |
| Alaska* | Alaska. Stat. § xi.41.150 et seq., Alaska Stat. § eleven.81.250, Alaska Stat. § 12.55.035, and Alaska Stat. § 12.55.125 (2005) relate to offenses against unborn children. The law provides that a defendant bedevilled of murder in the second degree or murder of an unborn child shall be sentenced to a definite term of imprisonment of at least x years but no more 99 years. The law does not apply to acts that cause the death of an unborn child if those acts were committed during a legal abortion to which the significant adult female consented or a person authorized by law to deed on her behalf consented, or for which such consent is implied by law. Alaska Stat. 11.81.900(b)(64) defines an unborn kid equally a member of the species Human sapiens, at whatsoever phase of development. |
| Arizona* | Ariz. Rev. Stat. Ann. § xiii-1102, § 13-1103, § 13-1104 and § 13-1105 ascertain negligent homicide, manslaughter and first and second degree murder. The police specifies that the offenses utilize to an unborn child at any stage in its development. Ariz. Rev. Stat. Ann § 13-701, § 13-704, § xiii-705 and § thirteen-751 define aggravated circumstances in the judgement of death or life imprisonment. The law specifies that the defendant shall not exist released until the completion of 35 years if the murdered person was under fifteen years of age or was an unborn kid. The police force states that for the purposes of penalisation, an unborn child shall be treated like a pocket-sized nether 12 years of age. |
| Arkansas* | Ark. Stat. Ann. § 5-1-102(13) defines "person," as used in § 5-10-101 through § 5-10-105, to include an unborn child at any stage of evolution. The law specifies that these provisions do not use to an act that causes the expiry of an unborn kid in utero if the act was committed during a legal abortion to which the adult female consented, an act committed pursuant to a usual and customary standard of medical practice during testing or handling, or an act committed in the course of medical research, experimental medicine or an act deemed necessary to save the life or preserve the health of the woman. Ark. Stat. Ann. § five-ten-101 through § 5-x-105 ascertain upper-case letter murder, murder in the kickoff degree, murder in the 2nd caste, manslaughter and negligent homicide. |
| California | Cal. Penal Code § 187 (a) defines murder as the unlawful killing of a man beingness or a fetus with malice aforethought. |
| Florida* | Fla. Stat. Ann.§775.021(5) states that anyone who commits a criminal offense and, in the process, causes bodily injury to or the death of an unborn kid commits a separate law-breaking if the provision or statute does not otherwise specifically provide a separate offense for such death or injury to an unborn child. At the end of the subsection, the state defines unborn child equally a member of the species Homo sapiens, at whatever stage of development, who is carried in the womb. |
| Georgia* | Ga. Code Ann. § 16-5-80 defines feticide. A person commits the offense of feticide if he or she willfully kills an unborn child so far developed as to be unremarkably chosen "quick" by causing any injury to the female parent of such child. The penalty for feticide is imprisonment for life. Ga. Code Ann. § 40-6-393.1 defines vehicular feticide and provides for penalties. Ga. Code Ann. § 52-7-12.3 defines the term "unborn kid" to mean a member of the species Homo sapiens at any phase of development who is carried in the womb. The law defines feticide by watercraft in the first and second degrees and provides for penalties. |
| Idaho* | Idaho Lawmaking § 18-4001, § eighteen-4006 and § 18-4016 (2002) declare that murder includes the unlawful killing of a human embryo or fetus under certain conditions. The law provides that manslaughter includes the unlawful killing of a human being embryo or fetus without malice. The law defines "embryo" or "fetus" as any human in utero. These laws exercise not apply to bear relating to an abortion for which the consent of the significant woman, or a person authorized past law to act on her behalf, has been obtained or for which such consent is implied by law, or to whatever person for any medical treatment of the pregnant adult female or her embryo or fetus. |
| Illinois* | Illinois Compiled Statute ch. 740 180/2 (2016) extends the statute of limitations for individuals who allegedly committed the intentional homicide of an unborn child, voluntary manslaughter of an unborn child and involuntary manslaughter or reckless homicide of an unborn child. Sick. Rev. Stat. ch. 720 § 5/9-i.two, § five/ix-2.1 and § 5/ix-three.2 define intentional homicide of an unborn child, voluntary manslaughter of an unborn kid, involuntary manslaughter and reckless homicide of an unborn kid, respectively. The laws ascertain "unborn child" every bit whatever individual of the human species from fertilization until birth. The laws besides specify that these provisions practise non apply to acts which cause the death of an unborn kid if those acts were committed during any abortion to which the pregnant woman has consented or to acts which were committed pursuant to usual and customary standards of medical practice during testing or handling. (2000 Ill. Laws, P.A. 91-404; 2010 Ill. Laws, P.A. 96-thousand) |
| Indiana* | Indiana Senate Enrolled Human action 203 states that killing a fetus at any phase of development is murder unless the adult female terminates her own pregnancy or obtains an ballgame. Applicative to Indiana Code 35-42-ane-1, 35-42-ane-3, 35-42-1-4, 35-42-one-6 |
| Kansas* | Kan. Stat. Ann. § 21-5419 "Alexa's Police force" defines "unborn child" as a living private organism of the species Homo sapiens, in utero, at whatever stage of gestation from fertilization to birth. The law specifies that "person" and "man" shall also mean an unborn child as used in Kan. Stat. Ann. § 21-5401 through § 21-5406 and § 21-5413 which ascertain murder in the first and second degrees, voluntary and involuntary manslaughter, battery, aggravated battery, capital murder and involuntary manslaughter while driving under the influence of alcohol or drugs. (2010 HB 2668) |
| Kentucky* | Ky. Rev. Stat. 439.3401 (2015) Requires offenders convicted of homicide or fetal homicide to serve at least l percentage of their judgement earlier becoming eligible for whatsoever type of early on release, in cases where the victim died every bit the upshot of an overdose of a controlled substance. Ky. Rev. Stat. § 507A.010 et seq. (2004) define "unborn child" as a fellow member of the species Human sapiens in utero from conception onward, without regard to age, wellness or condition of dependency. The laws define fetal homicide in the first, second, third, and quaternary degrees. These laws exercise not employ to acts performed during any abortion for which the consent of the pregnant woman has been obtained or for which the consent is implied past law in a medical emergency. (2004 HB 108) |
| Louisiana* | La. Rev. Stat. Ann. § 14:32.5 defines feticide equally the killing of an unborn child by the act, procurement, or culpable omission of a person other than the mother of the unborn child. The offense of feticide shall non include acts which cause the death of an unborn child if those acts were committed during any ballgame to which the pregnant woman or her legal guardian has consented or which was performed in an emergency. Nor shall the criminal offence of feticide include acts which are committed pursuant to usual and customary standards of medical exercise during diagnostic testing or therapeutic treatment. La. Rev. Stat. Ann. § 14:32.6 (2006) defines first degree feticide as the killing of an unborn child when the offender has a specific intent to kill or to inflict great bodily harm, and includes the killing of an unborn child when the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated escape, armed robbery, first degree robbery, second degree robbery, cruelty to juveniles, second degree cruelty to juveniles, terrorism, or simple robbery, fifty-fifty though he has no intent to kill or inflict peachy bodily harm. La. Rev. Stat. Ann. § 14:32.vii (1989) defines second degree feticide as the killing of an unborn child which would be first degree feticide, only the criminal offence is committed in sudden passion or heat of claret immediately caused by provocation of the mother of the unborn child sufficient to deprive an average person of his self command and absurd reflection; and is defined as feticide committed without whatever intent to cause decease or great actual damage. La. Rev. Stat. Ann. § 14:ii (7), (11) defines "person" every bit a man from the moment of fertilization and implantation and besides includes a body of persons, whether incorporated or not. "Unborn child" means any individual of the human being species from fertilization and implantation until birth. La. Rev. Stat. Ann. § 14:32.8 (2006, 2008) defines 3rd degree feticide as the killing of an unborn child by criminal negligence; and is defined every bit the killing of an unborn child acquired proximately or acquired straight by an offender engaged in the operation of, or in actual physical command of, whatsoever motor vehicle, aircraft, watercraft, or other means of conveyance whether or not the offender had the intent to cause death or bully bodily harm whenever specified conditions occur and such conditions were a contributing factor to the killing. (2008 SB 382) La. Rev. Stat. Ann. § 32.414(B)(i) was amended by 2010 La. Acts, P.A. 403 to allow the suspension of a driver'southward license for 24 months of any person who is bedevilled of committing 3rd degree feticide as defined in § 14:32.eight. (2010 HB 1231) |
| Maryland | Md. Criminal Law Code Ann. § 2-103 establishes that a prosecution may be instituted for murder or manslaughter of a viable fetus as defined in Md. Wellness-General Code Ann. § 20-209. A person prosecuted for murder or manslaughter must accept intended to crusade the death of the viable fetus; intended to cause serious concrete injury to the viable fetus; or wantonly or recklessly disregarded the likelihood that the person'south actions would crusade the death of or serious concrete injury to the viable fetus. (2005 Md. Laws, Chap. 546) |
| Massachusetts ** | Democracy vs. Lawrence, 536 Due north.Eastward.2d 571 (Mass. 1973) affirms the confidence for murder of a woman and involuntary manslaughter of her 27-week-old fetus. Commonwealth vs. Cass, 467 Due north.Eastward.second 1324 (Mass. 1984) rules that a feasible fetus is inside the ambit of the term "person" in the vehicular homicide statute. The case refers to Mass. Gen Law, ch. xc § 24G, which defines vehicular homicide. |
| Michigan* | Mich. Comp. Laws Ann. § 750.322 defines the willful killing of an unborn quick child by any injury to the mother of the child as manslaughter. Mich. Comp. Laws Ann. § 750.323 declares that whatever person who administers medicines, drugs or substances to whatever woman pregnant with a quick child or uses an instrument or other ways to destroy the kid, unless the same shall have been necessary to preserve the life of the mother, is guilty of manslaughter. Mich. Comp. Laws Ann. § 750.90a et seq. define penalties and punishments if any of the crimes defined by § 750.81 et seq. (including assault and bombardment; felonious assault; torture; and assault with intent to murder, do great bodily impairment, maim, or rob and steal), are committed confronting a pregnant woman and were intended to cause or issue in a miscarriage or stillbirth or death to the embryo or fetus, swell bodily harm to the embryo or fetus, serious or aggravated physical injury to the embryo or fetus, or physical injury to the embryo or fetus. |
| Minnesota* | Minn. Stat. § 609.205 and § 609.266 et seq. define unborn kid and provide penalties for an assault to a pregnant woman and subsequent harm to an unborn kid. The law also defines an assault of an unborn child and provides penalties. The law defines murder of an unborn child in the first, 2nd and third degrees and provides penalties. Minn. Stat. §609.21 declares that a person is guilty of criminal vehicular operation if an unborn kid is killed in the act. The law also states that as penalisation, this person may be sentenced to imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both. (2004 Minn. Laws, Chap. 283; SB 58) |
| Mississippi* | Miss. Lawmaking Ann. § 11.7.thirteen describes circumstances when a person may be entitled to bring a wrongful death activity, and includes circumstances related to the death of an unborn quick kid. The police excludes acts committed by the mother, a medical process performed past a medical professional or lawfully prescribed medication. Miss. Lawmaking Ann. § 97-3-nineteen defines murder to include murder that is done with deliberate design to event the expiry of an unborn child. Miss. Code Ann. § 97-iii-37 provides a list of the criminal offenses, including murder, homicide and assault, in which the definition of "human being" includes an unborn child at every stage of gestation from conception to live nativity. 2011 Miss. Laws, Chap. 307 amended the law by changing the punishments for the defined offenses. |
| Missouri* | In 1986, Missouri enacted HB 1596, calculation a new provision to §1.205.2 to the basic definitions department of the Missouri lawmaking. Information technology states in part: "The life of each man begins at conception . . . Effective January one, 1988, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn kid at every phase of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this country, subject only to the Constitution of the United States, and decisional interpretations thereof by the United states Supreme Court and specific provisions to the contrary in the statutes and constitution of this country." The U.S. Supreme Court, inWebster v. Reproductive Health Services (1989), declined to invalidate this law, holding that it was upward to the Missouri courts to determine its awarding outside of the telescopic of the abortion-related rights that had been established in past U.S. Supreme Court decisions. Later on, in 1995, the Missouri Supreme Court held that §1.205.2 incorporates the "intention of the full general assembly that courts should read all Missouri statutes inpari materia [on the same subject] with this section," and construed the state's wrongful death law to be covered by information technology (Connor v. Monkem Co., Inc., 898 South.W.2d 89). |
| Montana | Montana Code Ann. § 45-5-102 states that a person who "purposely or knowingly causes the death of a fetus of another with noesis that the woman is significant" commits, depending on the circumstances, "deliberate homicide" or "mitigated deliberate homicide" (§ 45-v-103). Montana Lawmaking Ann.§ 45-5-116 defines "damage to the fetus of some other" and puts forth exemptions for this crime that include groups such as a woman with respect to her fetus, a provider performing an abortion and a provider performing other authorized medical procedures. |
| Nebraska* | Nebraska Revised Statute 28- 393-397 (2015) Reclassifies manslaughter of an unborn child and kickoff degree assault of an unborn child from a form 3 felony to a form IIA felony. Neb. Rev. Stat. § 28-388 et seq. create the Homicide of the Unborn Child Act. The law defines premeditation and unborn child. The law defines murder of an unborn child in the start degree, murder in the 2nd degree, manslaughter and motor vehicle homicide. The law was amended in 2003 to change provisions relating to driving under the influence and amends provisions regarding motor vehicle homicide. Provides a penalty for motor vehicle homicide of an unborn child and recognizes an action for an unborn child in wrongful decease cases. Pecker. Rev. Stat. § 28-394, which defines motor vehicle homicide of an unborn child, was amended in 2011 by LB 667 to specify that motor vehicle homicide of an unborn child shall exist treated as a carve up and distinct offense. |
| Nevada | Nev. Rev. Stat. § 200.210 defines manslaughter equally a person who willfully kills an unborn quick child by any injury committed upon the female parent of the kid. |
| New Hampshire | Senate Bill 66 (signed on June 30, 2017, and effective January ane, 2018), states that a "fetus" may exist a victim of the already-existing crimes of first-degree murder, second-caste murder, manslaughter, negligent homicide, and causing or aiding suicide (merely non capital murder, i.e., a homicide criminal offense field of study to the death penalty), if the "fetus" victim has reached "the stop of the twentieth week subsequently conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until nascency." This does not utilise to "any deed committed by the pregnant adult female" or "at the asking or direction of the pregnant woman or for the benefit of the meaning woman," nor does it utilise to deportment by a "medical professional in the course of . . . professional duties." Affects New Hampshire RSA 630:1, 630:i-a, 630:1-b, 630:two, 630:iii, and 630:four. |
| North Carolina* | 2011 N.C. Sess. Laws, Chap. 60 (HB 215) defines murder, voluntary manslaughter, involuntary manslaughter, attack inflicting serious bodily injury and assault of an unborn child. "Unborn child" is divers as a member of the species Human being sapiens at any stage of development, who is carried in the womb. These provisions do not apply to lawful acts that cause the death of an unborn kid as defined in N.C. Gen. Stat. § xiv-45.1, acts that are committed in the usual standards of medical exercise or acts committed by a significant woman that issue in a miscarriage or stillbirth. The law repeals Due north.C. Gen. Stat. § 14-18.2. |
| North Dakota* | Northward.D. Cent. Code, § 12.1-17.1-01 et seq. define ballgame, person and unborn child. The law defines the murder and manslaughter of an unborn kid and provides penalties. |
| Ohio* | Ohio Rev. Lawmaking Ann. § 2903.01 et seq. (2002) define aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, negligent homicide, aggravated vehicular homicide, aggravated vehicular assault, felonious assault, aggravated set on, assault and negligent assault. The law applies to a person, which includes an "unborn member of the species Homo sapiens, who is or was carried in the womb of another." |
| Oklahoma* | Okla. Stat. Ann. tit. xx § 644 states that any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy is guilty of a misdemeanor and any person convicted of domestic abuse committed confronting a pregnant adult female with knowledge of the pregnancy and a miscarriage or injury to the unborn child occurs is guilty of a felony, punishable past imprisonment for not less than 20 years. (2008 Okla. Sess. Laws, Chap 318, HB 1897) Okla. Stat. Ann. tit. 21 § 691 (2006) defines unborn child as a man existence. Homicide does not include legal abortion or instances of death during normal medical, therapeutic or diagnostic testing. A female parent shall not be prosecuted for the decease of an unborn child unless the death was a result of criminal beliefs. Okla. Stat. Ann. tit. 21 § 714 and § 652 (2005) revises civil wrongful death statutes to include the expiry of an unborn child; revises the provisions governing the intentional shooting with intent to kill some other and whatever assault and bombardment upon some other to add together an unborn child; provides the penalization reference for anyone who willfully kills an unborn child; provides an exemption for a legal abortion, or the usual and customary diagnostic testing or therapeutic treatment. Okla. Stat. Ann. tit. 21 § 723 (2005) specifies that whatever offense committed pursuant to the provisions of Section 652 and 713 of Title 21, does not crave proof that the person engaging in the conduct had knowledge or should accept had the noesis that the victim of the underlying offense was meaning or that the offender intended to cause the death or bodily injury to the unborn child. |
| Pennsylvania* | Pa. Cons. Stat. Ann. tit. 18 § 106 and § 1102 et seq. ascertain classes of offenses, including crimes against an unborn child and provide penalties. Department 1102 was amended in 2008 to provide for the sentence of the first degree murder and second degree murder of an unborn child (2008 HB 1845). Section 1102.i was created in 2012 by Pa. Laws, Deed 204 (SB 850) to provide for the sentence of a person under the age of eighteen for certain offenses, including murder of an unborn kid. Pa. Cons. Stat. Ann. tit. eighteen. § 2601 et seq. ascertain crimes against an unborn child, including criminal homicide, murder, voluntary manslaughter, and aggravated assail of an unborn child. Unborn child is divers equally in § 3203, to mean an individual organism of the species Homo sapiens from fertilization until alive birth. |
| Rhode Island | R.I. Gen. Laws § xi-23-5 defines "quick kid." The willful killing of an unborn quick child past any injury to the mother of that child is deemed manslaughter. |
| South Carolina* | S.C. Lawmaking Ann § 16-3-1083 provides that a person who commits a fierce criminal offence that causes the expiry of, or injury to, a child in utero is guilty of a split up offense and that the person must exist punished equally if the death or injury occurred to the unborn kid'south female parent. The law too provides that the person must be punished for murder or attempted murder if the person intentionally killed or attempted to impale the unborn child. The constabulary defines "unborn child" equally a child in utero, and "child in utero" or "child who is in utero" as a fellow member of the species Homo sapiens, at any state of development, who is carried in the womb. The law does non apply to conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by police to act on her behalf, has been obtained or for which such consent is unsaid by law, or to a person for any medical treatment of the pregnant woman or her unborn kid. State vs. Horne, 319 S.E.2d 703 (S.C. 1984) reversed voluntary manslaughter confidence, belongings that the killing of a viable homo in utero did not constitute a criminal homicide. The case refers to Due south.C. Code Ann. § sixteen-3-10. State vs. Ard, 505 Due south.East.2d328 (S.C. 1998) held, in relation to a murder conviction, that the terms "person" and "child" in Due south.C. Code Ann. § sixteen-iii-20 (C)(a) included a feasible fetus. |
| Due south Dakota* | South.D. Codification Laws Ann. § 22-xvi-41 defines vehicular homicide, which includes the death of an unborn child. Amended in 2003 to revise provisions concerning courtroom suspensions and revocations of driver licenses; relates to driving while under the influence of alcohol or controlled substances and causing the death of another person, including an unborn child (2006 HB 1163). Southward.D. Codified Laws Ann. § 22-sixteen-1.1 et seq. defines fetal homicide which refers to a person who knew, or reasonably should have known, that a woman begetting an unborn child was pregnant and caused the death of the unborn child without lawful justification. The law provides for penalties. Due south.D. Codification Laws Ann. § 22-xvi-4 defines homicide equally murder in the first degree to include the death of a person or any other human being, including an unborn child. 2012 Senate Bill 148 defines the crimes of criminal bombardment and aggravated criminal battery of an unborn child and provides penalties. |
| Tennessee* | Tenn. Code Ann. § 39-13-107 and § 39-thirteen-214 were amended in 2012 by Tenn. Pub. Act, Chap. 1006 (HB 3517/SB 3412) to define "another," "individuals" and "another person" to include a man embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any deed made criminal by the provisions of the constabulary. |
| Texas* | Tex. Penal Code Ann. § ane.07 relates to the death of or injury to an unborn child and provides penalties. The law defines an private as a man being who is alive, including an unborn kid at every stage of gestation from fertilization until nascence. |
| Utah * | Utah Lawmaking Ann. § 76-five-201 et seq. declares that a person commits criminal homicide if the person intentionally, knowingly, recklessly causes the death of some other human beingness, including an unborn child at whatever stage of its development. This law was amended by 2010 Utah Laws, Chap. 13 (HB 462) to specify that a person is not guilty of criminal homicide of an unborn kid if the sole reason for the decease of the unborn child is that the person refused to consent to medical treatment or a cesarean department, or failed to follow medical advice. The amendment also states that a woman is not guilty of criminal homicide of her own unborn child if the decease of her unborn kid is caused by a criminally negligent act or reckless human action of the adult female and is non caused past an intentional or knowing act of the woman. The subpoena also clarifies that criminal homicide constitutes aggravated murder (as defined by § 76-v-202) if the histrion intentionally or knowingly causes the death of some other under several circumstances, including if the victim was younger than 14 years of age, merely that this does non employ to an unborn child. |
| Virginia | Va. Lawmaking § 18.2-32.2 (2004) declares that any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills a fetus is guilty of a Class ii felony. The police force also provides penalties. 2012 Va. Acts, Chap. 725 (SB 674) provides that in cases of fetal death (as defined by § 32.1-249) caused by a wrongful act, neglect or default of any person, ship, vessel or corporation, the natural mother of the fetus may bring an activeness against such tortfeasor. No crusade of action for the death of the fetus may be brought confronting the mother of the fetus. |
| Washington | Launder. Rev. Code Ann. § 9A.32.060 declares that a person is guilty of manslaughter in the commencement degree when he or she intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. |
| Due west Virginia * | W. Va. Code § 61-2-30 recognizes an embryo or fetus as a distinct unborn victim of certain crimes of violence against a person, including homicide and manslaughter. |
| Wisconsin* | Wis. Stat. § 940.04 (2) et seq. declare that any person who intentionally destroys the life of an unborn quick child or causes the death of the mother by an deed done with intent to destroy the life of an unborn child is guilty of homicide. Information technology is unnecessary to prove that the fetus was alive when the act so causing the mother's decease was committed. |
* Indicates states that accept fetal homicide laws that apply to the earliest stages of pregnancy ("any state of gestation," "conception," "fertilization" or "post-fertilization").
** Massachusetts established fetal homicide/manslaughter laws only through case police force, not through legislation.
Sources: National Conference of State Legislatures and StateNet
Note: List may not be comprehensive, just is representative of country laws that exist. NCSL appreciates additions and corrections.
State Penalty-enhancement Laws for Crimes Against Pregnant Women
At least eight states--Colorado, Connecticut, Delaware, Iowa, Maine, New United mexican states, Oregon and Wyoming--have penalisation-enhancement laws for crimes confronting pregnant women. These laws are considered unlike than fetal homicide laws considering they practise non create a dissever criminal charge for the loss of the fetus. The laws in these states consider the loss of or damage to a fetus in relation to the pregnant woman or her pregnancy. Depending on interpretation, some entities may view the scope of this result differently. This webpage is intended to include a range of legislation on this event and is not intended to serve as a source for legal definitions.
| Land | Summary of Statutes and Case Laws |
| Colorado | Colo. Rev. Stat. §18-one.3-401 (thirteen) specifies that a court shall sentence a defendant convicted of committing specified offenses against a pregnant woman, if the defendant knew or reasonably should have known that the victim was pregnant, to a term of at least the midpoint, but not more than than twice the maximum, of the presumptive range for the penalization of the crime. Colo. Rev. Stat. §18-1.3-501 (6) establishes that a court shall sentence a accused convicted of set on in the tertiary degree to a term of imprisonment of at to the lowest degree vi months, simply not longer than the maximum sentence authorized for the law-breaking, if the victim of the set on was a pregnant adult female and the defendant knew or should have known that the victim was pregnant. Colo. Rev. Stat. §18-1.3-1201 defines aggravating factors in the sentence of expiry or life imprisonment. The law defines the intentional killing of a pregnant woman with the knowledge that she was significant equally an aggravating factor. |
| Connecticut | Conn. Gen. Stat. § 53a-924-59a defines the crime of attack of an elderly, blind, disabled, pregnant person or person with an intellectual inability in the outset degree. Information technology is a Class B felony and carries a minimum prison sentence of 5 years. This charge tin be added to the accuse of assault in the first degree. Conn. Gen. Stat. § 53a-924-59c defines the crimes of attack of a significant woman resulting in termination of pregnancy. It is a Class A felony. A person is guilty of this crime if they commit attack of a pregnant woman and it results in the termination of pregnancy. Conn. Gen. Stat. § 53a-924-60b defines the law-breaking of assault of an elderly, blind, disabled, pregnant person or person with an intellectual disability in the second degree. Information technology is a Course D felony and carries a minimum prison house sentence of ii years. This charge can exist added to the accuse of assault or larceny in the second degree. Conn. Gen. Stat. § 53a-924-60c defines the criminal offense of set on of an elderly, blind, disabled, pregnant person or person with an intellectual disability in the 2nd caste with a firearm. It is a Grade D felony and carries a minimum prison sentence of 3 years. This accuse can be added to the charge of assault in the second caste or assault in the second caste with a firearm. Conn. Gen. Stat. § 53a-924-61a defines the crime of assault of an elderly, blind, disabled, meaning person or person with an intellectual disability in the tertiary caste. Information technology is a Class A misdemeanor and carries a minimum prison house judgement of i year. This accuse can be added to the charge of assault in the tertiary degree. |
| Delaware | Del. Lawmaking Ann. § 11-5-605 creates the accuse of abuse of a pregnant women in the second degree. Abuse of a pregnant woman in the second degree is a grade C felony. The charge is practical when anyone causes the unintentional termination of a pregnancy while committing or attempting to commit a tertiary degree attack or any violent felony. Prosecution nether this section does non preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female in the second degree is a class C felony. Del. Code Ann. § 11-5-606 creates the charge of abuse of a meaning women in the first degree. Abuse of a significant woman in the first caste is a class B felony. The charge is applied when anyone causes the intentional termination of a pregnancy while committing or attempting to commit a 3rd degree assault or whatsoever violent felony. Prosecution nether this section does not preclude prosecution under any other section of the Delaware Code. Abuse of a pregnant female person in the first degree is a class B felony. |
| Iowa | Iowa Code §707.viii provides penalties for the nonconsensual termination or serious injury to a homo pregnancy. Specifically, the law defines penalties for a person who terminates a man pregnancy without the consent of the pregnant person under specified circumstances. The law also defines serious injury to a human pregnancy and provides for penalties to a person who causes serious injury to a human pregnancy under specified circumstances. |
| Maine | Me. Rev. Stat. Ann. tit. 17-A § 208-C provides that a person is guilty of elevated aggravated assail on a significant person if that person intentionally or knowingly causes serious actual injury to a person they know or has reason to know is pregnant. "Serious actual injury" is defined to include bodily injury that results in the termination of a pregnancy. These provisions exercise not apply to an abortion for which the pregnant adult female has consented, or to whatsoever medical handling of the significant woman or the fetus. (2005 Me. Laws, Chap. 408, LD 262) |
| New Mexico | NM Stat. Ann. § thirty-3-7 states that injury to a pregnant adult female consists of a person other than the adult female injuring a significant woman in the commission of a felony causing her to suffer a miscarriage or stillbirth every bit a outcome of that injury. |
| Oregon | Or. Rev. Stat. § 163.155 provides that when a defendant, who was at least fifteen years of age at the time of committing the murder, is bedevilled of murdering a pregnant victim and the defendant knew that the victim was pregnant, the defendant shall exist sentenced to life imprisonment without the possibility of release or parole or to life imprisonment. Or. Rev. Stat. § 163.160 Assault in the fourth degree goes from a Grade A misdemeanor to a Course C felony if the person commits the assail knowing the victim is significant. Or. Rev Stat. § 163.185 Assail in the 2d degree becomes attack in the first caste if the person commits the assault knowing the victim is pregnant. |
| Wyoming | Wy. Stat. § half dozen-2-502 provides that a person is guilty of aggravated assault and bombardment if they knowingly or recklessly cause bodily harm to a adult female whom they know is pregnant. |
Boosted Resource
Pro-Choice and Pro-Life Organizations
- National Right to Life Committee (NRLC)
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The Guttmacher Found
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What Is Charged for Killing an Unborn Baby
Source: https://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx#:~:text=A%20person%20commits%20the%20offense,feticide%20is%20imprisonment%20for%20life.
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